Privileges were granted only to the clergy of the Catholic or great Church as distinguished from heretics and schismatics. The State was, accordingly, forced by its exemptions and privileges granted the Church to take up a position as to heresy and schism. See for Constantine's policy toward heresy, Eusebius, Vita Constantini, III. 64 ff. (PNF, ser. II, vol. I.)
Privileges which have been bestowed in consideration of religion ought to be of advantage only to those who observe the Catholic law. It is our will that heathen and schismatics be not only without the privileges but bound by, and subject to, various political burdens.
(f) Codex Theodosianus, XVI, 2, 5; A. D. 323.
This and the following laws were passed to enable the Christians to escape from disadvantages in the carrying out of their religion. This law, that Christians should not be compelled to sacrifice, was enacted just before the final encounter with Licinius.
Because we have heard that ecclesiastics and others belonging to the Catholic religion are compelled by men of different religions to celebrate the sacrifices of the lustrum, we, by this decree, do ordain that if any one believes that those who observe the most sacred law ought to be compelled to take part in the rites of a strange superstition, let him, if his condition permits, be beaten with staves, but if his rank exempts him from such rigor, let him endure the condemnation of a very heavy fine, which shall fall to the State.
(g) Codex Justinianus; III, 12, 3; A. D. 321. Cf. Kirch, n. 748.
Sunday is to be observed.
For the Justinian Code see below, [§ 94], Introduction.